Victorian Current Acts

TRANSPORT ACCIDENT ACT 1986 - SECT 153

    (1)     If—

        (a)     judgment against the owner or driver of a motor car to which a contract of insurance under the repealed Division relates has been entered in respect of the death of or bodily injury to any person caused by or arising out of the use of that motor car; and

        (b)     the judgment debtor is insured under the contract of insurance against liability in respect of such death or bodily injury—

the judgment creditor may recover against the authorized insurer a sum equivalent to the amount (including costs) unpaid in respect of the judgment or the amount to which the liability of the authorized insurer is limited under the contract of insurance, whichever is the smaller amount but—

        (c)     in the event of the judgment debtor being or becoming bankrupt and the authorized insurer being required to pay to the trustee in bankruptcy, the amount of the liability the sum recoverable by the judgment creditor against the authorized insurer must be reduced by the amount so paid; and

        (d)     if execution of any such judgment is stayed pending appeal the judgment creditor may not recover against the authorized insurer until the expiration of the period for which execution of such judgment is stayed.

    (2)     The payment by the authorized insurer of the sum referred to in subsection (1), to the extent of such payment, is a discharge of—

        (a)     the liability of the judgment debtor to the judgment creditor; and

        (b)     the liability (if any) of the authorized insurer to the judgment debtor.